Appeals and Minor Alterations

V.S.A. tit. 19, ch. 9, subch. 5

in effect

19 V.S.A. § 923 Quasi-judicial process

923. Quasi-judicial process In order to protect the rights of interested persons and the public, the process described in this section shall be used whenever so provided by other provisions of this title. As used in this section, “interested person” means a person who has a legal interest of record in the property that would be affected by the proposed action. (1) Notice. The selectboard shall give written notice by certified mail or by one of the methods allowed by Rule 4 of the Vermont Rules of Civil Procedure for service of original process to any interested person describing the proposed activity affecting the property. The notice shall include a date and time when the selectboard shall inspect the premises. The notice shall precede the inspection by 30 days or more except in the case of an emergency. (2) Inspection of premises. The selectboard shall view the area and receive any testimony pertinent to the problem, including suggested awards for damages, if any. (3) Necessity. The selectboard shall decide on the necessity for the activity or work proposed and establish any conditions for accomplishing it. This includes the award of damages, if applicable. The selectboard shall announce the decision and the reason for it within 10 days of the inspection unless the selectboard formally delays the proceeding in order to receive more testimony. (4) Notifying parties. The selectboard shall notify the interested persons and other interested parties of its decision. It shall file a copy of its decision with the town clerk within 10 days of its announcement. (5) Appeal. If an interested person is dissatisfied with the award for damages, he or she may appeal using any of the procedures listed in chapter 5 of this title. Notice or petition for appeal shall not delay the proposed work or activity. Added 1985, No. 269 (Adj. Sess.), § 1; amended 2015, No. 158 (Adj. Sess.), § 24.

19 V.S.A. § 924 Change of grade

924. Change of grade The elevation of a highway shall not be changed by cutting down or raising the roadbed in front of a dwelling house or any other building adjacent to the highway more than three feet without following the procedure under section 923 of this title. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 925 Laying fences down

925. Laying fences down When the selectboard determines that a highway is liable to be obstructed by snowdrifts, and the fences adjoining the highway can be conveniently laid down, it may cause any portion to be laid down during the winter. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 926 Damages; appeal

926. Damages; appeal The selectboard shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying appeals. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 927 Snow fence

927. Snow fence When the selectboard determines that a highway is liable to be obstructed by snowdrifts that may be prevented by erecting a snow fence on land adjoining the highway, and on notice to and hearing of the owner or occupant of the land, it may cause a fence to be built and maintained. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 928 Damages; appeal

928. Damages; appeal The selectboard shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying appeals. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 935 Relocation of highway

935. Relocation of highway When a highway is made impassable, or the width reduced to prevent the free and safe passage, by a landslide or washout, or a bridge is swept away by a flood, the selectboard may change the location of the highway or the bridge and may discontinue any resulting unnecessary parts of the old highway. It may take, damage, or affect such land as may be necessary at the location of the slide or washout for the purpose of re-establishing, repairing, rebuilding, or protecting the highway or bridge and may proceed immediately to build or rebuild the highway or bridge and open the highway or bridge for work and travel. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 936 Damages; appeal

936. Damages; appeal The selectboard shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying appeals. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 940 Diversion

940. Diversion When it appears necessary to protect a highway damaged by or expected to be damaged by flood waters or ice jams, the selectboard may change the course of or widen a stream, or provide storage for accumulated ice, and for these purposes may purchase or take the necessary land. It shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying appeals. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 941 Limitation

941. Limitation Section 940 of this title shall not authorize the diversion of a stream, so that the value of a mill, manufactory, or machinery propelled by the water of the stream is diminished, without the consent of all interested persons. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 945 Proceedings

945. Proceedings When it is necessary for the protection of a highway to erect an embankment or dike upon the banks of a stream, and the owner of the stream or of the lands adjacent will not permit town officials to enter upon the lands for this purpose, or requires them to pay a greater sum than in their judgment they ought to pay, the selectboard may take the land following the procedures established in section 923 of this title. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 950 Establishment by selectboard

950. Establishment by selectboard Selectboard may lay out, establish, construct, or cause to be constructed and maintained a drain, ditch, or watercourse leading from a highway in the town, across the lands of any person to a watercourse, to carry away the surface water from the highway, or other drainage necessary for public health, if it judges the public good or the necessity or convenience of individuals requires this work. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 951 Damages

951. Damages The selectboard shall follow the procedures established in section 923 of this title. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 952 Maintenance

952. Maintenance The town shall properly maintain the drain, ditch, or watercourse and keep it in good and sufficient repair until, upon notice and hearing, it is discontinued. Added 1985, No. 269 (Adj. Sess.), § 1.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/19/009Fetched: 10/21/2026